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PC Staff Report 01-03-2012PC DATE: 1/3/12 CC DATE: 1/23/12 REVIEW DEADLINE: 1/31/12 CASE #: 12 -01 BY: AK, JM, JS, ML, TJ PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012 -01 for a 13,191 square -foot multiple accessory structure area variance on property zoned Agricultural Estate District, as shown in Exhibit A, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." CITY OF CHANHASSEN SUMMARY OF REQUEST: The applicant is requesting a 13,191 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,592 square -foot storage structure in addition to existing accessory structures (11,599 square feet) on property zoned Agricultural Estate District (A -2). LOCATION: 9111 Audubon Road PID 25- 0220800 APPLICANT: Gayle Degler 541 Pineview Court Chanhassen, MN 55317 r Lois Degler 9111 Audubon Road Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate District (A -2) 2030 LAND USE PLAN: Office Industrial ACREAGE: 64.3 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The applicant is requesting a variance to exceed the 1,000 square -foot maximum area for a detached accessory structure to construct a 2,592 square -foot storage shed. The property currently has several accessory structures with combined square footage of 11,599 square -feet and a single - family home. The resulting total area of all accessory structures (existing and proposed) is 14,191 square feet. The request includes the combined square footage of all detached accessory structures, less 1,000 square feet permitted by ordinance (13,191 total square feet). Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 2 of 7 The Zoning Ordinance limits detached accessory structures to 1,000 square feet. While the combination of the detached accessory structures exceed the maximum square footage by 13,191 square feet, the property is zoned Agricultural Estate District. It is used for agricultural purposes (farming) and requires such structures for daily operations. Limiting the size of the accessory structures to 1,000 square feet is a practical difficulty, being that the City Code requires all equipment to be stored within an enclosed structure. A 1,000 square -foot structure is not adequate to house all of the equipment required to run the agricultural use. The site is bordered to the west by the City of Chaska, Audubon Road, and single - family homes zoned Agricultural Estate District (A -2). The Preserve Addition (single - family dwellings) is located to the east, zoned PUD -R. The Chanhassen High School, zoned Office and Institutional District, Chaska Electric Sub Station, Lyman Boulevard, and Sun Ridge Third Addition, zoned Rural Residential (RR) are located to the north. Liberty at Bluff Creek Addition (townhouse dwellings) is located to the south zoned PUD. To the east and southeast are areas of the Bluff Creek Primary Zone. Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 3 of 7 While sewer and water services are available to the property, the site is currently served by a septic system and water well. Access to the parcel is gained via Audubon Road (CSAH 17). Due to the fact that larger agricultural buildings are reasonable on agricultural property, staff is recommending approval of the variance, subject to the conditions of the staff report. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article X, Agricultural Estate District (A -2) District. • Section 20 -904 (1) Accessory Structures. • Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. Minnesota Rules, Chapter 1300.0030 Purpose and Application. BACKGROUND The property is zoned Agricultural Estate District (A -2), which permits agriculture use. The subject property has an area in excess of 2,800,908 square feet (64.3 acres). It has a parcel frontage of approximately 1,103 feet along Audubon Road and 1,328 feet along Lyman Boulevard. The parcel depth is in excess of 2,500 feet. Minimum lot area in the A -2 district is two and one -half acres with a minimum lot frontage of 200 feet at the road and minimum depth of 200 feet. The subject site exceeds the lot area, frontage and depth requirements. The southern portion of the site is located within the Bluff Creek Overlay District (BCO), as outlined in red. The location of the proposed shed will not impact Bluff Creek as it is in excess of 800 feet from the overlay boundary. City Code requires a Conditional Use Permit prior to the erection or alteration of any building or land within the BCO. However, Sec 20 -1554 (b) states that all parcels of land located within the BCO on which a principal structure has been constructed prior to December 14, 1998, are exempt from requiring a conditional use permit. The principal structure on the subject site was constructed in 1959. Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 4 of 7 The subject site formerly included 80 acres to the east which is now the Preserve Subdivison. The Preserve was platted in 2006 and is a Planned Unit Development containing single - family detached homes. When the Preserve was subdivided, a 1,848 square -foot shed, owned by the property owner, remained on the land which is now owned by the city. Staff has added a condition that the shed located on city property must be vacated. Section 20 -904 Accessory Structures The property owner has been farming the site prior to 1959. There are several accessory structures related to the farming operation on the property. In preparation for the proposed structure, the applicant has removed a 1,008 square -foot chicken house and a 308 square -foot garage, for a total removal of 1,316 square feet. The proposed structure will be located where the removed buildings stood. With the removal of the two structures, there remains a chicken house, granary, machine shed, cattle shed, dairy barn, milk house and four storage bins on the property. The combined square footage of these existing accessory structures is 11,599 square feet. When the aforementioned structures were constructed, the area of accessory structures was not limited on agriculturally zoned districts, since the structures and use of the property are for agricultural Accessory Buildings Existing Dimensions S . ft. Chicken House 20x 12 240 Gran 50 x 30 1,500 Machine Shed 56 x 80 4,480 Bin A 12.5 r 491 Bin lOr 314 Bin C 7.5 r 177 Bin D 7.5 r 177 Cattle Shed 16 x 20 320 Feed Bunk Shed 16 x 54 864 Dairy Barn 45 x 60 2,700 Milk House 14 x 24 336 Total Existing 11,599 Removed Chicken House 28x 36 1,008 Garage 22 x 14 308 Proposed Shed 36 x 72 2,592 Total 14,191 Less 1.000 Re purposes. 13,191 purposes. Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 5 of 7 The current zoning ordinance which limits detached accessory structures to a maximum of 1,000 square feet was adopted in May of 2007. Prior to that, City Code limited the size of detached accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low Density Residential (R4) Districts, but not in the Low and Medium Residential District (RLM), nor the Agricultural Estate District (A -2) and Rural Residential (RR) Zoning Districts since they were at one time related to agricultural uses. While the City's comprehensive plan does not provide for a purely agricultural land use, it does support the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. In some cases, contractors were purchasing the property and building accessory structures, in addition to an attached garage, to house their business. The City Code prohibits the use of accessory structures for home occupations. In order to address this issue, the code was amended to limit the size of accessory structures to 1,000 square feet in all districts that permit single - family homes. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The "Practical Difficulty" standard would relate to the ability to maintain the farming operation and for the storage of agricultural machinery, equipment and supplies on an agricultural property. Further, agricultural buildings are a reasonable use on agricultural properties. The request is in harmony with the A -2 zoning district and existing use of the property. Pursuant to Minnesota Rule 1300.0030 and MN Statute 273.13, the subject site is classified as agricultural land, as it exceeds 10 acres in size and is used for agricultural purposes. According to the Statute, agricultural buildings are exempt from the Minnesota State Building Code. Therefore, a building permit is not required. However, City Code Section 20 -91 requires a Zoning Permit prior to the construction of an agricultural building in order to verify the location, site coverage and other zoning standards. ANALYSIS The proposed structure is 36 feet by 72 feet (2,592 square feet) and the combined square footage of the existing and proposed accessory structures is 14,191 square feet. Therefore, the variance request is for a 13,191 square -foot variance from the 1,000 square -foot detached accessory structure limitation. The proposed structure will be located west of the existing machine shed and over 200 feet from the property line along Audubon Road. Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 6 of 7 The proposed structure will be in compliance with all required setbacks and height limitations as outlined in the A -2 zoning district. The height limitation in the A -2 district is 35 feet. The height of the proposed structure is 15 feet as measured from grade to the midpoint of the peak. While the structure complies with the A -2 district height regulations, Section 20 -907 (b)(1) of the City Code states farm buildings are exempt from the district height limitations. G ... ge = 308 sq ft (Removed) roposed Shed = 2,592 sq ft J Machine Shad =1,460 sq R e 1 ■ L BktA =491 sgft - - (R�•�i `� Bin 6 =31l sgft New Chcken House =1,008 sq h (Removed) ) aa� -- - Bin C =177 sgft Milk Mouse = 336 sq ft •..l �; r* Bin D = 177 sq ft Cattle Shed= 320 sq n nary 1,500 sq ft s Feed B nk =864 sq tt Dairy Barn 27,000 sq ft - -. - - -. Old Chicken House = 240 sq ft f The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that larger accessory buildings would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the A -2 district. The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 64.3 acres is currently farmed. The proposed structure will house farm- related equipment and machinery. To ensure the structure will be used solely for agricultural purposes, staff has added a condition stating: The structure shall not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. Degler Variance Request Planning Case 12 -01 January 3, 2012 Page 7 of 7 RECOMMENDATION Staff recommends that the Planning Commission approve the accessory structure variance subject to the following conditions and the adoption of the attached Findings of Fact and Decision: 1. The applicant shall call Gopher State One Call (651) 454 -0002 to complete a locate request prior to construction. 2. The shed must meet all setback requirements. 3. A Zoning Permit is required. 4. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 5. The accessory structure may not be used as a separate dwelling unit. 6. The accessory structure located on city property PID 25- 6460130 and Platted Right -of -Way of the Preserve at Bluff Creek 2 nd Addition must be vacated. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Exhibit A: Aerial view of site. 4. Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. 5. Public Hearing Notice and Affidavit of Mailing. GAPLAN\2012 Planning Cases\2012 -01 Degler Variance\PC Staff Report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 110 Application of Gayle and Lois Degler for a 13,191 square -foot variance from the 1,000 square - foot accessory structure area limitation to construct a 2,592 square -foot accessory structure on property zoned Agricultural Estate District (A -2) — Planning Case #2012 -01. On January 3, 2012, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A -2). 2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial. 3. The legal description of the property is as follows: P/O GOVT LOT 2 & P/O W1 /2 SEl /4 DESC AS: COMM AT NE CORN NW1 /4 SE1 /4 22 -116- 23 TH S 1320' TH W 66TH S38 *W 157.08' TH S73 *W 287.1' TH S36 *W 125.4' THS17 *W 244.2 FR TH N82 *W 99' TH N 528' TO N LINE SW1 /4 SE1 /4 TH S 1029.5' TH SWTO A PT BEARING E 462'F 4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Agricultural Estate District (A -2). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the A -2 district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. City Code requires all equipment to be stored within an enclosed structure. Limiting the size of accessory structures on agricultural land does not provide adequate storage for the farming equipment and machinery. The 64.3 acres are currently farmed; the proposed structure will provide storage of farm- related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Agricultural Estate. It is essential for an agricultural use to store farm- related equipment and machinery on site. City Code requires all equipment to be stored within an enclosed structure. Limiting accessory structures to 1,000 square feet does not provide adequate storage space. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 63 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. The use and proposed accessory structure is in harmony with the character and use of the property. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2012 -01, dated January 3, 2012, prepared by Angie Kairies, et al, is incorporated herein. 2 DECISION "The Board of Appeals and Adjustments approves Planning Case #2012 -01 for a 13,191 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,595 square -foot accessory structure on property zoned Agricultural Estate (A -2)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this 3 rd day of January, 2012. CITY OF CHANHASSEN BY: Chairman Planning Case No. Q` dL — O 1 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: Co !e_ D ! v\ eA01A h055-* 1 .1 M4#1 Sn /1 Contact: Phone: 752.- Y-93- 7 ,04 / 1Fax: Email: 2a$2 lMr® ca , cwt, urAA, t4 Property Owner Name and Address: Contact: Phone: nA -- Y V - "1?6R Fax: Email: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be prior to the public hearing. Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) _ Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) to the anolicant X Escrow for Filing Fees /Attorney Cost ** - $50 CUP /SPRNACNAR/WAP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ `— r50.O o -t 2 tc1 ,CEO = 4LO rc9 s L *Five (5) full -size folded copies of the plans must be submitted, including an 8 1 /2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED Dec 01 11 04:05p Gayle Degler 9524969423 p.2 PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SiTE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this appricatfon, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determfnation of completeness of the application shall be made within 15 business days of application submittal. A written - notice of app €fcation deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that i am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or f am the authorized person- to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. i further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1_� Signature of AtIflicant f Date Signature of Fee Owner Date 9lp12n Lformsldevelopment review application.doe SCANNED November 30, 2011 Requesting a pole storage shed to house farm machinery. This would replace 2 older and less accessible building we have taken down. The building would be a 36 x 72 with 2 doors (12' high) facing west. SCANNED From: Gayle Degler fmailto :adealer(abco.carver.mn.us1 Sent: Thursday, December 01, 20113:27 PM To: Kairies, Angie Subject: RE: Application 1. Accessory Buildings Old Chicken House - 20 x 12 = 240 sq ft Granary - 50 x 30 = 1500 sq ft Machine Shed - 56 x 80 = 4480 sq ft Remaining accessory sq footage is 6220 New Chicken House - 28 x 36 = 1008 sq ft Garage - 22 x 14 = 308 sq ft Removed for project 1316 sq ft Proposed 36 x 72 is 2592 sq ft 2. Short Narrative - The city requires a variance whenever accessory buildings exceeded a certain square footage. The square footage we currently have triggers the variance. We are removing 2 buildings that do not functions with today's farm equipment and are replacing them with one 36 x 72 building. The total sq footage increases 1276. Modern agriculture requires different storage than in the past and we have always tried to keep our machinery shedded for proper maintenance and personal and neighborhood pride. Gayle Degler Carver County Commissioner District 1 952 - 403 -7047 gdegler(a)co.carver.mn.us SCANNED Create Map EXHIBIT A I 1 t Page 1 of 1 CARVER CO PROPERTY INFORMATH d M x i b * Y � Disclaimer: This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for CARVER 1 the County from any and all claims brought by User, its employees or agents, or third parties which CO U NTY arise out of the user's access or use of data provided. a ftmLl i b Leg( Aerial Vie http: / /carvergisweb l .co.carver.mn.usI Public_ Parcel / print. htm ?MapPath= http:Hcarvergisweb l .co.... 11/30/2011 Map created on 11/30/2011 Aerial Photo: April 2008 Disclaimer: This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for CARVER any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, its employees or agents, or third parties which CO U NTY arise out of the user's access or use of data provided. Leg( Aerial Vie http: / /carvergisweb l .co.carver.mn.usI Public_ Parcel / print. htm ?MapPath= http:Hcarvergisweb l .co.... 11/30/2011 Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes Minnesota Rules, Chapter 1300.0030 PURPOSE AND APPLICATION. Subpart 1. Purpose. The purpose of the code is to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all structures and equipment specifically covered by the code in a jurisdiction that adopts and enforces the code. The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code. Subp.2. Application. A. The code applies statewide except as provided in Minnesota Statutes, sections 166.72 and 1613.73, and supersedes the building code of any municipality. The code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by Minnesota Statutes, sections 103F.141, subdivision 8, and 326.244. Minnesota Statutes, §166.60 DEFINITIONS. Subd. 5. Agricultural building. "Agricultural building" means a structure on agricultural land as defined in section 273.13, subdivision 23, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Minnesota Statutes, §273.13 CLASSIFICATION OF PROPERTY. Subd. 23. Class 2. (a) Class 2a property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class 1a property under subdivision 22. The value of the remaining land including improvements up to the first tier valuation limit of agricultural homestead property has a net class rate of 0.55 percent of market value. The remaining property over the first tier has a class rate of one percent of market value. For purposes of this subdivision, the "first tier valuation limit of agricultural homestead property" and "first tier" means the limit certified under section 273.11, subdivision 23. (b) Class 2b property is (1) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; (2) real estate that is not improved with a structure and is used exclusively for growing trees for timber, lumber, and wood and wood products, if the owner has participated or is participating in a cost - sharing program for afforestation, reforestation, or timber stand improvement on that particular property, administered or coordinated by the commissioner of natural resources; (3) real estate that is nonhomestead agricultural land; or (4) a landing area or public access area of a privately owned public use airport. Class 2b property has a net class rate of one percent of market value. (c) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section means the raising or cultivation of agricultural products. "Agricultural purposes" also includes enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law 99 -198 if the property was classified as agricultural (i) under this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is pasture, timber, waste, unusable wild land, or land included in state or federal farm programs. Agricultural classification for property shall be determined excluding the house, garage, and immediately surrounding one acre of land, and shall not be based upon the market value of any residential structures on the parcel or contiguous parcels under the same ownership. (d) Real estate, excluding the house, garage, and immediately surrounding one acre of land, of less than ten acres which is exclusively and intensively used for raising or cultivating agricultural products, shall be considered as agricultural land. Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes. Classification under this subdivision is not determinative for qualifying under section 273.111. The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage. (e) The term "agricultural products" as used in this subdivision includes production for sale of: (1) livestock, dairy animals, dairy products, poultry and poultry products, fur - bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner; (2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use; (3) the commercial boarding of horses if the boarding is done in conjunction with raising or cultivating agricultural products as defined in clause (1); (4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; (5) game birds and waterfowl bred and raised for use on a shooting preserve licensed under section 97A.115; (6) insects primarily bred to be used as food for animals; (7) trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood products; and (8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor. (f) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to: (1) wholesale and retail sales; (2) processing of raw agricultural products or other goods; (3) warehousing or storage of processed goods; and (4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3), the assessor shall classify the part of the parcel used for agricultural purposes as class lb, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose. The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination. (g) To qualify for classification under paragraph (b), clause (4), a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of paragraph (b), clause (4), "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following: (i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area; (ii) the land is part of the airport property; and (iii) the land is not used for commercial or residential purposes. The land contained in a landing area under paragraph (b), clause (4), must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of paragraph (b), clause (4). For purposes of paragraph (b), clause (4), "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport. Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 22, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Degler Variance — Planning Case 2012 -01 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. C: . CAL� Kareq.4. Engel b" Deputy Jerk Subscribed and sworn to before me thi lay of ;bZ3m6,r , 2011. lWo 0 0 1 I Not PubF at"w'Ato� KIM T. MEUWISSEN Notary Pub Minnesota ` emission DP'res Jan 31, 2015 my Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 3, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Agricultural Estate District (A2). Applicant: Gayle De ler Property 9111 Audubon Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen,mn.us /sery /plan /12- 01.html If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies cDci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday p rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes ail pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 3, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Agri ultural Estate District (A2). Applicant: Gayle De ler Property 9111 Audubon Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /12- 01.html If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(o)-ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. CHASKA CITY IND SCHOOL DIST 112 FEDERAL NATIONAL MORTGAGE 1 CITY HALL PLAZA 11 PEAVEY RD ASSO CHASKA MN 55318 -1962 CHASKA MN 55318 -2321 14221 DALLAS PKY STE 1000 DALLAS TX 75254 -2946 IAN GLENN 1532 MILLS DR CHANHASSEN MN 55317 -4812 DALLAS JOHN FRASER 15587 DWELLERS WAY APPLE VALLEY MN 55124 -7833 LAMAR L LAMBERT 1872 COMMONWEALTH BLVD CHANHASSEN MN 55317 -5317 BONAR & CHRISTA M SABBY 1928 COMMONWEALTH BLVD CHANHASSEN MN 55317 -4759 RUSS & PHYLLIS BOEGEMAN 1940 LINCOLN LN CHANHASSEN MN 55317 -4775 ANTHONY GRAND 1941 COMMONWEALTH BLVD #3 CHANHASSEN MN 55317 -4848 MARTHA J PIESCHEL 1941 COMMONWEALTH BLVD #6 CHANHASSEN MN 55317 -4848 SCOTT & JENNY AUGUST 1944 COMMONWEALTH BLVD #3 CHANHASSEN MN 55317 -4761 MOHAMED E ABDUL 1944 COMMONWEALTH BLVD #6 CHANHASSEN MN 55317 -4760 GARY PAUL HANSON 1948 LINCOLN LN CHANHASSEN MN 55317 -4775 ROBERT E MANDERS 1932 COMMONWEALTH BLVD CHANHASSEN MN 55317 -4759 CONNIE KELLY 1941 COMMONWEALTH BLVD #1 CHANHASSEN MN 55317 -4801 KEVIN M WESTERHAUS 1941 COMMONWEALTH BLVD #4 CHANHASSEN MN 55317 -4848 ROBERT REMBOWICZ 1944 COMMONWEALTH BLVD #1 CHANHASSEN MN 55317 -4761 BRET ROGER ANDERBERG 1944 COMMONWEALTH BLVD #4 CHANHASSEN MN 55317 -4761 ANDREA S HEUER 1944 COMMONWEALTH BLVD #7 CHANHASSEN MN 55317 -4761 KELLY A VANDERLEEST 1952 LINCOLN LN CHANHASSEN MN 55317 -4775 RONALD C & JANICE P RIGGSBY 1936 LINCOLN LN CHANHASSEN MN 55317 -4775 MICHELLE A PAQUETTE 1941 COMMONWEALTH BLVD #2 CHANHASSEN MN 55317 -4801 COREY C & LORI K HOTHAN 1941 COMMONWEALTH BLVD #5 CHANHASSEN MN 55317 -4848 MARK & LAUREN C KLOBUCHAR 1944 COMMONWEALTH BLVD #2 CHANHASSEN MN 55317 -4761 MICHAEL J NEUROTH 1944 COMMONWEALTH BLVD #5 CHANHASSEN MN 55317 -4761 SHERYL K DRISCOLL 1944 COMMONWEALTH BLVD #8 CHANHASSEN MN 55317 -4761 LORI JEAN KENDALL 1960 LINCOLN LN CHANHASSEN MN 55317 -4775 MCKAELA MCKENZIE GRASMICK CLAIRE L GRINAGER LORRETTA MAGNUSON ETAL 1968 LINCOLN LN 2960 TABERNASH DR 3345 EAGLE BLUFF RD CHANHASSEN MN 55317 -4775 LOVELAND CO 80538 -4922 MOUND MN 55364 -8596 LAKE REGION MFG INC GREGORY C HAYES CONSOLIDATED GRAPHICS PROP II 340 LAKE HAZELTINE DR 3872 RASPBERRY RIDGE RD NW 3903 BELLAIRE BLVD CHASKA MN 55318 -1029 PRIOR LAKE MN 55372 -1120 HOUSTON TX 77025 -1119 AMERICAN BLUE RIBBON HOLDINGS LARRY C & JUDITH E KASSEBAUM PRESERVE @ BLF CRK 400 48TH AVE W 4049 STARRY PASS CIR HOMEOWNERS DENVER CO 80216 -1806 MESA AZ 85207 -1196 4672 SLATER RD EAGAN MN 55122 -2362 LAKE HAZELTINE WOODS LLC DEGLER LAND COMPANY LLC JOHN PETER HALFEN III 470 78TH ST W #260 541 PIN EVIEW CT 623 3RD AVE SW CHANHASSEN MN 55317 -4540 CHANHASSEN MN 55317 -8697 LONG PRAIRIE MN 56347 -1937 CHANHASSEN RESIDENTIAL DEV K HOVNANIAN T &C HOMES AT MN DENNIS CHADDERDON PAR 7615 SMETANA LN #180 8900 AUDUBON RD 7300 METRO BLVD #300 EDEN PRAIRIE MN 55344 -4702 CHANHASSEN MN 55317 -8412 EDINA MN 55439 -2302 TIMOTHY C BOYCE LOIS R DEGLER JAMES C EBELING 8941 AUDUBON RD 9111 AUDUBON RD 9160 DEGLER CIR CHANHASSEN MN 55317 -8412 CHANHASSEN MN 55317 -9412 CHANHASSEN MN 55317 -5317 ANTHONY S LARSON NATHAN STIER ERIC S THESHIP - ROSALES 9180 DEGLER CIR 9200 ELLENDALE LN 9201 AUDUBON RD CHANHASSEN MN 55317 -4780 CHANHASSEN MN 55317 -4747 CHANHASSEN MN 55317 -9412 I -FEI TSU DANIEL J DEYOUNG SIJO JOSEPH 9210 ELLENDALE LN 9220 ELLENDALE LN 9230 ELLENDALE LN CHANHASSEN MN 55317 -4747 CHANHASSEN MN 55317 -4747 CHANHASSEN MN 55317 -4747 GEORGE & CONSTANCE ST MARTIN MARK T KLUNDER DAVID T & JENNIFER R PERRY 9231 AUDUBON RD 9240 ELLENDALE LN 9250 ELLENDALE LN CHANHASSEN MN 55317 -9412 CHANHASSEN MN 55317 -5317 CHANHASSEN MN 55317 -4747 JARED A & SUSAN E ANDERSSON CHARLES S & JOAN WAGNER JAMES L NARDO 9260 ELLENDALE LN 9430 AUDUBON RD 9431 WASHINGTON CIR CHANHASSEN MN 55317 -5317 CHASKA MN 55318 -1184 CHANHASSEN MN 55317 -4783 JEFFREY S WIESNER JAMES H KINGETER JACOB ROBERT HAGEL 9439 WASHINGTON CIR 9443 WASHINGTON CIR 9446 WASHINGTON CIR CHANHASSEN MN 55317 -4783 CHANHASSEN MN 55317 -4783 CHANHASSEN MN 55317 -4783 DANIEL D & ROSEMARY A GAYLE MAY BARKER SCOTT ANTHONY FRISCO SPARKMAN 9451 WASHINGTON CIR 9454 WASHINGTON CIR 9450 WASHINGTON CIR CHANHASSEN MN 55317 -4783 CHANHASSEN MN 55317 -4783 CHANHASSEN MN 55317 -4783 KRISTEN MELUM LOWE 9455 WASHINGTON CIR CHANHASSEN MN 55317 -4783 TAMMI J FLANNERY 9459 WASHINGTON CIR CHANHASSEN MN 55317 -4783 CHERYL A GEVING 9462 WASHINGTON CIR CHANHASSEN MN 55317 -4783 SHARON WISER 9463 WASHINGTON CIR CHANHASSEN MN 55317 -4783 SHEKHAR NAYYAR 9471 WASHINGTON CIR CHANHASSEN MN 55317 -4783 BRUCE CONNOLLY N81 W23400 FIVE IRON WAY SUSSEX WI 53089 -3089 KRISTI KAY FLANN 9466 WASHINGTON CIR CHANHASSEN MN 55317 -4783 NANCY ENGER 9474 WASHINGTON CIR CHANHASSEN MN 55317 -4783 BARRY L & SUZANNE L LIBENGOOD PO BOX 469 CHANHASSEN MN 55317 =0469 WARREN D KLEV 9467 WASHINGTON CIR CHANHASSEN MN 55317 -4783 CHASKA INVESTMENT LP 9531 78TH ST W #350 EDEN PRAIRIE MN 55344 -8009